Terms of sale

 

1. PURPOSE

These general terms and conditions of sale aim to define the rights and obligations of ROYAL MER and the Client concerning products presented by ROYAL MER on its website www.royal-mer.com (hereinafter referred to as "the Site"). They apply exclusively between ROYAL MER, located at 40 rue Levavasseur, 35800 Dinard, SIRET: 902 797 075 00014 (hereinafter referred to as "ROYAL MER") and any natural person consumer visiting or making a purchase via the said Site (hereinafter referred to as "the Client").

On the Site, ROYAL MER allows the Client to order online products of the ROYAL MER brand (hereinafter referred to as "the Product(s)") according to these general conditions.

Any order placed with ROYAL MER therefore implies the Client's unreserved acceptance of these conditions. These general terms and conditions may be modified at any time and without notice by ROYAL MER, the applicable conditions being those in force on the date of the order by the Client.

These general terms and conditions of sale are permanently accessible at the following address:

https://www.royal-mer.com/fr/conditions-generales-de-vente/

2. PRODUCTS AND COMPLIANCE 2.1. The Products offered for sale are presented on the ROYAL MER website with photos and accompanied by a complete description.

2.2. The Products offered by ROYAL MER comply with the standards applicable in France.

3. CLIENT OBLIGATIONS 3.1. The Client declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing them to place an order on the Site.

3.2. The Client undertakes to provide ROYAL MER with the real and necessary information required for the performance of the service covered by these conditions as requested online and according to their situation, notably their name, first name, address, phone, and a valid email.

The Client is responsible for the consequences of transmitting false or inaccurate information or information whose reproduction would be unlawful.

3.3. Once the order is placed, ROYAL MER will send the Client an email confirming it. It will inform them of the shipment of the Products.

3.4. The Client can modify their data in the "my account" section.

4. ORDER

4.1. An order will only be validated after payment acceptance.

4.2. ROYAL MER reserves the right to cancel or refuse an order in case of a dispute with the Client concerning a previous order.

4.3. ROYAL MER may accept orders depending on the availability of stock. It informs the Client of the availability of the Products sold on the Site at the time of the order confirmation.

If, despite ROYAL MER's vigilance, the products are unavailable, ROYAL MER will inform the Client by email as soon as possible. The Client may then cancel their order and will be reimbursed, if applicable, the amounts already paid.

Permanent or temporary unavailability of products shall in no case engage the responsibility of ROYAL MER, nor shall it give rise to any right to compensation or damages in favor of the Client.

5. PRICE

5.1. The prices displayed on the Site are in euros, including all French taxes (French VAT and any other applicable taxes), excluding shipping costs, order processing fees, and packaging costs.

Shipping costs, order processing fees, and packaging costs will be indicated in the Client's cart, before the final validation of the order.

Prices may be modified at any time, without notice, particularly in the event of fiscal or economic changes. Items will be billed based on the rates in effect at the time the order is recorded.

6. DELIVERY

6.1. ROYAL MER delivers its Products in France and all countries of the European Union and can, upon request, deliver to any country.

Products are shipped with the delivery note to the delivery address specified by the Client at the time of the order. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to average processing and delivery times. For these deadlines to be respected, the Client must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, stair number, access codes, names and/or intercom numbers, etc.).

In case of a delivery delay of more than 7 working days, if the product has not been shipped, the Client may terminate the order by registered letter with acknowledgment of receipt and request a refund of their order.

If the item was shipped before receiving the cancellation of the order due to a delivery delay of more than 7 days, ROYAL MER will proceed with the refund of the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all tags.

ROYAL MER commits to keeping the Client informed of the progress of their order processing.

In the event of damaged packages (already opened, missing products...), the Client agrees to notify the carrier and ROYAL MER by all means.

For deliveries outside the European Union, customs duties, import taxes, and customs clearance fees may apply when you receive your order. These charges are determined by the customs authorities of the destination country and are the sole responsibility of the recipient. As the amount of these fees cannot be predicted at the time of purchase, they are not included in the total price displayed on our website. We recommend contacting your local customs authorities for more information before placing your order.

7. PAYMENT

Full payment must be made at the time of the order. At no point can the sums paid be considered as deposits or down payments. The Client can settle their order via credit card (Visa, Eurocard/Mastercard), with their PayPal account, or by bank transfer in accordance with the provisions of this article.

For every transaction, the Client will need to provide the number on the front of their card, the expiration date of their card, and the security code on the back of the card (the last three digits).

The Client's provision of their credit card number constitutes authorization for ROYAL MER to charge their account accordingly to the amount of their order.

No cash on delivery shipments will be accepted, regardless of the reason.

ROYAL MER retains ownership of the item until full payment is made by the Client. Purchases are made securely. The payment solutions adopted by ROYAL MER are 100% secure. For credit card payments (blue card, Visa blue card, and e-blue card), all information that Clients communicate to ROYAL MER is strictly protected and ensures the compliance and security of each transaction.

8. RETURNS AND REFUNDS OF PRODUCT(S) RIGHT OF WITHDRAWAL

Within fourteen (14) days from the receipt of their order, the Client may request ROYAL MER to return the Product(s). Gift packaging cannot be returned or refunded. This period may be extended to thirty (30) days during exceptional periods preceding Christmas for orders placed from November 15 to December 10.

Royal Mer undertakes to exchange or refund the Products that do not meet the Client's expectations (excluding personalized sweaters which are neither returnable nor exchangeable). To do this, the Client should use the return form included with the order, which provides all the instructions for returning the Product(s). Please contact Customer Service via the contact page form before returning a Product.

The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, along with the return form, to the following address:

ROYAL MER
ZA des Treize Vents
Route de Beaupreau
La Regrippière 44330
France

The returned Product will be subject to a credit or a refund within a maximum of fifteen (15) days from its receipt by ROYAL MER.

If the Client fails to comply with these conditions, particularly the conditions of return or exchange, ROYAL MER will not be able to issue a credit or refund for the concerned Products.

9. WARRANTIES AND LIABILITY

ROYAL MER has an obligation of means at all stages, from accessing the site, through the ordering process, to the shipment of the parcel or subsequent services. The liability of ROYAL MER cannot be held for any inconveniences or damages inherent to the use of the internet network, including a service interruption, external intrusion, the presence of computer viruses, or any event deemed force majeure, according to the law and jurisprudence.

10. INTELLECTUAL PROPERTY

At no time is the Client authorized to download or modify any part of the Site, including its content (listed products, descriptions, images, videos, etc.).

This Site or any portion of this Site may not be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of ROYAL MER.

In general, all copyrights, trademarks, and other distinctive signs and rights of property or intellectual property appearing on the Site will remain the full and entire property of ROYAL MER.

The Client is therefore bound to respect intellectual property rights and may in no way use the trademarks appearing on the Site and on the Products, if applicable, or register a trademark that would prejudice the rights holder, unless otherwise provided for by contractual provisions.

The same applies to any other intellectual property right.

11. WARRANTIES AND LIABILITY

ROYAL MER undertakes to use the confidential information of Clients only within the context of operating its Site.

For the proper processing of the order, the personal data collected will be subject to computer processing, of which the Client acknowledges awareness.

As such, information about him may be communicated to technical service providers of ROYAL MER.

Moreover, ROYAL MER may employ technical means to obtain non-personal information relating to Internet users that is intended to enhance the site's functionality, for example, by tracking the number of visitors on certain pages.

In accordance with the law of January 6, 1978, amended by the law of August 6, 2004, the Client has the right to access and rectify personal data concerning him or her that appears in the files of ROYAL MER. Any request must be made by email to: eshop@royal-mer.com or by mail to the following address: ROYAL MER, 40 rue Levavasseur, 35800 Dinard, FRANCE.

This computer processing has been declared to the National Commission on Informatics and Liberty (CNIL) which issued receipt No. 1517135 v 0 on June 29, 2011.

 

12. FORCE MAJEURE

In the event of a force majeure occurrence, the affected party must inform the other within fifteen (15) days of the occurrence of the event, by registered letter with acknowledgment of receipt.

Explicitly considered as cases of force majeure or fortuitous event, besides those usually recognized by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of transportation or supply for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failures, blockages of telecommunications including wired or wireless telecom networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the concerned contract may be terminated by either party without any compensation.

13. GENERAL PROVISIONS

13.1. Partial Invalidity of a Clause

If any of the provisions of these terms is declared null or unenforceable by a competent jurisdiction, it will be deemed unwritten and will not lead to the nullity of other provisions.

13.2. Update

These general conditions may be modified at any time and without notice by ROYAL MER, the applicable conditions being those in force at the date of the order by the Client.

These general conditions of sale are permanently accessible at the following address:

https://www.royal-mer.com/fr/conditions-generales-de-vente/

13.3. Applicable Law – Competent Court

These general conditions are subject to French law regarding both substantive and procedural rules. Any dispute shall be subject to a prior attempt at amicable resolution.

In the absence of an amicable resolution, jurisdiction is granted to the competent French courts, notwithstanding plurality of defendants or warranty claims.

13.4. Reproduction of Applicable Texts (Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code)

Article L. 211-4 of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any existing conformity defects at the time of delivery. It also covers conformity defects arising from the packaging, assembly instructions, or installation if it was charged to the seller by the contract or carried out under its responsibility.

Article L. 211-5 of the Consumer Code

  • To conform to the contract, goods must:
  1. Be suitable for the usual expected use of similar goods and, where applicable:

    • Match the description given by the seller and possess the qualities that the seller presented to the client as a sample or model;
    • Have the qualities that a client can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
  2. Or have features defined by mutual agreement by the parties or be suitable for any special use sought by the client, made known to the seller and accepted by them.

Article L. 211-12 of the Consumer Code

The action resulting from the non-conformity expires two years after the delivery of the goods.

Article 1641 of the Civil Code

The seller is liable for hidden defects in the sold item that render it unfit for the intended use, or which so impair that use, that the client would not have purchased it, or would have paid a lower price, had they been aware.

Article 1648 paragraph 1 of the Civil Code

The action resulting from critical defects must be filed by the buyer within two years from the discovery of the defect.

14. LITIGES

In case of a dispute related to the conclusion, execution, or termination of an order, the Internet user may submit any complaints to the Seller by phone (+33 (0)2 23 17 57 98) or by email at: contact@royal-mer.com.

If an amicable resolution cannot be reached with the Seller, and in accordance with the provisions of article L 152-2 of the Consumer Code, the Internet user may initiate a free mediation procedure at MEDICYS – 73 Boulevard de Clichy – 75009 Paris, accessible through the website https://www.medicys.fr/.

If no agreement is reached following the mediation process, the Internet user and/or the Seller may bring the matter before the competent courts.

For Internet users located outside metropolitan France, they may initiate, at their choice, any conventional mediation procedure and call upon the mediator of their choice, initiate any other alternative dispute resolution method, or bring the matter before the competent courts.

In the case of a cross-border dispute, the mediation request can be made via the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.